Question: Has Kellogg’s been cheating consumers out of strawberries in their strawberry Pop-Tarts? Another question: Does anyone really believe they’re getting real strawberries in strawberry Pop-Tarts?
… A federal judge on Thursday dismissed a lawsuit alleging Kellogg’s used misleading labeling to exaggerate the amount of strawberry in its Frosted Strawberry Pop-Tarts. The toaster pastries are made with apples and pears in addition to strawberries. Wait, there’s actual fruit in Pop-Tarts?
… In the lawsuit, plaintiff Kelvin Brown of the Bronx, New York wrote that he took issue with the front label of the Pop-Tarts’ packaging. Specifically, he claimed the company used deceptive messaging in using the words “Frosted Strawberry,” as well as showing images of half of a fresh strawberry and dark red fruit filling. Brown alleged that the representations are false and misleading because they “give consumers the impression the fruit filling contains more strawberries than it does.” He also said the use of Red 40 food coloring “makes the strawberry-pear-apple combination look entirely dark red,” which he claimed creates “an erroneous impression that strawberries are present in an amount greater than is the case.”
… US District Judge Andrew Carter ultimately sided with Kellogg’s in granting the company’s motion to dismiss the lawsuit. Carter wrote in his ruling: “No reasonable consumer would see the entire product label, reading the words ‘Frosted Strawberry Pop-Tarts’ next to a picture of a toaster pastry coated in frosting, and reasonably expect that fresh strawberries would be the sole ingredient in the Product.”